Law on gender equality („Law“), that entered into legal force on June 01, 2021, still has not really been actively applied in practice. Namely, Ministry for Human and Minority Rights has not yet passed bylaws to regulate in more detail when it comes to obligations of companies introduced by this Law. 

However, the Law explicitly prescribes obligations for companies with more than 50 employees, which is reflected in the implementation of annual plans and work programs, which, in addition to the elements prescribed by law, now must contain also a part related to achieving and improving gender equality. The intention of the legislator is to oblige employers to adopt measures in their business to affect the promotion of gender equality, and within the mentioned plan or program to include an assessment of the situation regarding the position of women and men with employers.

A balanced gender representation exists when the representation of one of genders is between 40-50% in relation to other gender, and a significantly unbalanced gender representation exists when the representation of one gender is lower than 40% in relation to the other gender. 

Employers are also obliged to inform the competent Ministry for Human and Minority Rights about the adoption of the plan or program within 15 days from the day of adoption, as well as to submit a statement with the notification related to achieving and promoting gender equality. Also, companies must submit a report to the Ministry on the implementation of the annual plan or program. 

The legislator has foreseen a fine for companies in the range of 50 thousand to 2 million RSD, in case of non-compliance with the obligations provided by Law. One of the reasons for fine to employers is if employer does not provide an employee with equal opportunities for additional trainings and additional education, regardless of gender and family status. 

It is expected that the competent Ministry adopts more detailed guidelines that will ease implementation of this Law in reality. Irrespective of that, this Law is in legal force, it envisions obligations for employers with over 50 employees and employees, so this is an opportunity for employers to harmonize their business with new Law and to adopt mandatory internal company acts. Acts relating to this Law on Gender Equality is to be complement set of internal acts that any employer is obliged to possess, besides already known ones related to Labor Law, Law on Safety and Health at Work and the Law on Archives.